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Immigration Regulations and HIV/AIDS

Permanent Residency for Immigrants with HIV/AIDS

Immigrants with HIV are not granted legal permanent residency, except under extremely limited circumstances. For information on those exceptions, see the Department of State’s Frequently Requested Visa Information: Waiver of Ineligibility.

Short-Term Travel for Foreign Nationals with HIV/AIDS

In a final ruling, the Centers for Disease Control and Prevention (CDC), within the U.S. Department of Health and Human Services (HHS), is amending its regulations to remove “Human Immunodeficiency Virus (HIV) infection” from the definition of communicable disease of public health significance and remove references to “HIV” from the scope of examinations for aliens.

Prior to this final rule, aliens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States per the Immigration and Nationality Act (INA). While HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact. As a result of this final rule, aliens will no longer be inadmissible into the United States based solely on the ground they are infected with HIV, and they will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration.

DATES: This final rule is effective January 4, 2010.

Stacy M. Howard,
Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, U.S. Department of Health and Human Services,
1600 Clifton Road, NE., MS E-03,
Atlanta, Georgia 30333;
telephone 404-498-1600.

Read the whole ruling.

Last revised: 08/17/2009